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04-0960
IN RE: : IN THE COURT OF COMMON PI I~,AS REMAINS OF : OF CUMBERLAND COUNTY CARL W. WHITE : PENNSYLVANIA : ORPHAN'S COURT DIVISION ORDER RE: THE RIGHT TO DISPOSE OF DECEDENT'S REMAINS PURSUANT TO 20 Pa.C.S. § 305 A hearing is set on the within Emergency Petition in Courtroom No,,~ , · Cumberland County Courthouse, Carlisle, PA 17013, on~ 2004 a' ~ ~'' ' t _st ~ .~./p.m. All family members who are entitled to notice of this matter may participate by telephone. Pursuant to Orphans Court Rule 5.1, petitioners shall serve all family members who have the right to be served and the Hoffman-Roth Funeral Home by Overnight Mail (public or private) or personal service, without need for Sheriff's Service. No answer to the within Petition shall be required. Petitioners shall not be required to post a bond. By the Court: IN RE: : IN THE COURT OF COMMON PLEAS REMAINS OF : OF CUMBERLAND COUNTY CARL W. WHITE : PENNSYLVANIA ORPHAN'S COURT DIVISION 2004 NOTICE TO: CONNIE M. WHITE, KAREN HARDING, LAVERN WHITE, SALINA WH1TE, TONY WHITE AND CARLA HOLMES, YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following papers, you must appear personally or by telephone in the hearing scheduled above. If you fail to do so, the case may proceed without you and a final order may be entered against you granting the relief requested by the petitioner. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YO DO NOT HAVE ^ LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (171) 249-3166 IN RE: : IN THE COURT OF COMMON PLEAS REMAINS OF : OF CUMBERLAND COUNTY CARL W. WHITE : PENNSYLVANIA : ORPHAN'S COURT DIVISION 2004 EMERGENCY PETITION FOR THE RIGHT TO DISPOSE OF DECEDENT'S REMAINS PURSUANT TO 20 Pa.C.S. § 305 And now this 25th day of October 2004 come Carla D. Pratt and Randy J. White, adult children of Carl W. White (the decedent) and petition this Court pursuant to 20 Pa. C.S. Section 305 for authority in ail matters pertaining to the disposition of the remains of the decedent, and aver in support thereof as follows: 1. We, Carla D. Pratt and Randy J. White, are the adult children of Carl W. White. 2. We, Carla D. Pratt and Randy J. White, reside at 99 Ashton Street in Carlisle, Cumberland County, Pennsylvania 17013. 3. Petitioners' father, Carl W. White (the decedent) passed away on Saturday, October 23, 2004 at Petitioners' home. 4. Petitioners' father decided to relocate here to Carlisle, Pennsylvania to be with Petitioners during his finai illness because his wife, Connie M. White, was being abusive and neglectful toward him. 5. Petitioners' father did in fact relocate here to Pennsylvania on September 6, 2004. 6. Petitioners' father made his wishes for buriai clear to Carla l~l'~att and. instruct~e~d Carla D. Pratt to carry out those wishes. He stated that he di~ not wish for his wife, Connie M. White, to dispose of his remains. 7. On September 9, 2004, the decedent gave Carla D. Pratt a general Power of Attorney to make all decisions on his behalf, (a true and correct copy of which is attached hereto as Petitioners' Exhibit 1 and incorporated herein by reference. 8. Petitioners' father was born in Oklahoma and lived all of his life there with the exception of the final weeks of his life, and he wanted to be buried in his family's plot in Oklahoma. 9. The decedent did not wish to speak to his wife Connie White after he left Oklahoma in September, 2004, and he did not wish to have her visit him here in Pennsylvania. 10. Decedent had no contact with his wife from September 5, 2004 through to the date of his death. 11. Accordingly, at the time of the decedent's death, there was an enduring estrangement between him and his wife. 12. Despite the fact that the decedent made clear his wish to be buried in his family plot in Oklahoma, his widow, Connie M. White has informed a funeral home in Texas that she wishes his remains to be interred in Texas. 13. The decedent's remains are presentiy at the Hoffman-Roth Funeral Home in Carlisle, Pennsylvania. Petitioner, Carla D. Pratt has been informed by Hoffman- Roth that the widow has told Hoffinan-Roth that she will not pay for the embalming of the decedent's remains, nor the transportation of his remains to Texas. 14. Petitioners are willing and able to pay for the embalming of the decedent's remains, transportation of the remains to Oklahoma and proper burial in Oklahoma. 15. Given the unwillingness or inability of the widow to make and pay for the arrangements and the need to promptly care for the remains, an emergency situation exists. 16. The decedent's own intent with regard to the disposition of his remains is clearly contrary to the intent of his widow, Connie M. White. 17. In addition to Petitioners, the decedent is survived by the following adult children: 1. Karen Harding, 6283 W. Kent Dr., Chandler, Arizona 85226 telephone (480) 753-0986; 2. LaVem White 1636 West Wildwood Dr., Phoenix, Arizona 85045 telephone: (480) 460-0149; 3. Carla C. Holmes, 2806 Medicine Pass, Apt. 20-107, Arlington, TX 76010; telephone (682) 622-6834; 4. Salina White, P.O. Box 1013, Colbert, Oklahoma 74733; telephone (580) 296-5179; 5. Tony White, address unknown, telephone (972) 263-4245. WHEREFORE, Petitioners pray that this Honorable Court schedule an emergency hearing on this matter, after which it grant Petitioners the sole authority in ail matters pertaining to the disposition of the remains of the decedent Carl W. White, provided that they be responsible for all expenses thereof. Respectfully submitted, '~--"~FrahceS ~. DelDuCa ' ' Supreme Court ID No. 06269 10 West High Street Carlisle, PA 17013 (717) 249-1323 VERIFICATION We hereby verify that the statements made in the foregoing Emergency Petition for the Right to Dispose of Decedent's Remains Pursuant to 20 Pa.C.S. §305 are true and correct, to the best of our knowledge, information and belief. We understand that making a false statement would subject us to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Dated: October 25, 2004 r a~D. p~~ Car a D. Pratt Dated: October 25, 2004 ~ ~ ~ Randy J~ffilte FRANCES H. DEL DUCA ATTORNEY AT LAW ...... CARLISLE, P~NNSYLVANIA 17013 GENERAL POWER OF ATTORNEY THE PURPOSE OF THIS PO~vkrER OF ATTORNEY 1S TO GIVE YOUR AGENT BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTtlERWiSE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THE POWER OF ATTORNEY DOES NOT iMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME iNCAPACITATED, LFNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE TttESE POWERS OR A COURT ACTiNG ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT iS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAiNED MORE FULLY IN 20 PA.C.S. Oil. 56. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSiNG TO EXPLAiN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS. q-9-o ¢ Carl Wincel White, Principal Date H:i.s Carl Nj. ncel'>,~/'°~ Nh±re x, Mark KNOW ALL BY THESE PRES~NTk7 thai il &RI.. W[N~EL WHITEi"do-make, constitute and appoint CARLA D. PRATT, my tree and lawful agent for me and in my name and to my use. 1. To ask, demand, sue for and receive alt sums of money and securities now due or which may hereafter become due and payable to me in any manner whatsoever, and upon receipt of same to sign, seal, execute and deliver all necessary acquittances and discharges therefor. 2. To deposit any moneys which may come into her hands as such agent with any bank or banker, either in my or her own name and any of such money or any other money to which I mn entitled which now is or shall be so deposited, to withdraw as she shall think fit; to sign mutual savings bank and federal savings and loan association withdrawal orders; to sign and endorse checlcs payable to my order and to draw, accept, make, endorse, discount, or otherwise deal with any bills of exchange, checks, promissory notes or other commercial or mercantile instruments; to borrow any sum or sums of money on such temqs and with such security as she may think fit and for that purpose to execute all notes, bonds, warrants, mortgages, or other instruments which may be necessary or proper. 3. To have access to any and all safe del~osit boxes registered in my name, and to remove any and all contents thereof. 4. To manage, let and demise any real estate now belonging or which may hereafter belong to me, to enter and re-enter upon the same, talcing possession thereof from time to time as shall be desirable, to give notices to quit mad the like, to collect all rents due and to become due, with power to institute actions at law in my name and to conduct all manner of proceedings at law, distraint or otherwise, which to her shall seem proper and necessary. 5. To grant, bargain and sell, assign, or transfer at public or private sale, any real estate, lands, tenements or hereditaments of which I may have, or hereafter acquire any interest, and any tangible personal property, for any price or consideration, with or without any reservations, restrictions or conditions, to receive the purchase money and to sign, seal, execute, acknowledge and deliver all deeds, conveyances, assignments, bills of sale, or other instruments necessary to effect the same, to make and execute any releases, agreements or contracts, by deed or otherwise, in her discretion deemed necessary and expedient in the premises. 6. To sell, assign, and transfer any stocks, bonds, including U.S. Savings Bonds, loans or other securities now standing or which may hereafter stand in my on the books of any and all corporations, national, state, municipal, or private; to name enter satisfaction upon the record of any indenture of mortgage now or hereafter in my name, or to sell and assign the same and to collect the proceeds of or transfer policies of insurance, and the proceeds, together with any other monies. 7. To invest and reinvest irt such securities as she may in her discretion deem safe and judicious to hold tbr my accomat; to collect and receipt for all interest and dividends on loans, stocks, or other securities, now or hereafter belonging to me. 8. To make or enter into any agreement or agreements she may deem necessary and best for my interest in the management of my business and affairs; also to represent me and in my behalf to vote and act for me at all meetings connected with any company which I may own stocks or bonds in or be interested in any way whatever. 9. To execute and to file Federal, State and local income tax or other returns. To file internal revenue fornas 1 through 10,000 for income, refunds, requests for extensions of time, any and all other tax related documents including any power of attorney form required by hlternal Revenue Service ~/ith respect to tax years 1990 through 2040. 10. To authorize my admission to a medical, nursing, residential or similar facility and to enter into agreements for my care. 11. To authorize medical and surgical procedures. 12. To make gifts limited as to donees to my spouse, children, any recognized charities (IRS 501(c)(3) organizations) and such gifts shall be limited in amount to an aggregate value not in excess of, and shall be made in such manner as to qualify in their entirety for, my annual exclusion from the federal gift tax pern~itted under Section 2503 (b) of the Internal Revenue Code. 13. To delegate to my original or contingent or successor attorney-in-fact with the power to appoint his or her successor or successors. 14. In general, to do all other acts, deeds, matters and things whatsoever in or about my estate, property and affairs mid things herein, either particularly or generally described, as fully and effectually to all intents and purposes as I could do in my own proper person if personally present, giving to my said attorney or attorneys for all the purposes herein described, hereby ratifying and confirming all that the said attorney or substitute or substitutes shall do therein by virtue of these presents. · 15. In addition to the other powers granted by this document, my Agent shall have full power hnd authority to serve as my persoual representative for all purposes of the Health Insurance Portability and Accountability Act of 1996, (Pub. L. 104-191), 45 CFR Section 160 through 164. Unless I have expressly provided otherwise, I consent to and direct covered entities to provide my protected health information to all persons designated in this document as my Successor Agent. The authorization and consent to disclosure set forth in this paragraph shall apply whether or not I have or lack the capacity to make or communicate health-care decisions for myself. 16. I authorize and direct any physicim~, health care professional, health care provider, and medical care facility to provide to my agent information relating to my physical and mental condition and the diagnosis, prognosis, care, and treatment thereof upon tine request ormy agent~ -it -rs-~my-l~ter/t-t?/at-tl/lS-.aumo~zatr6n. /or my'agenT m oe considered a personal representative under privacy regulations related to protected health information and for my agent to be entitled to all health infbnnation in the same manner as if I personally were making the request. This authorization and direction shall also be considered a consent to the release of such information under current and future regulations, laws and rules, including but not limited to, the express grant of authority to personal representatives as provided by Regulation Section 164.502(g) of Title 45 of the Code of Federal Regulations and the medical information privacy law and regulations generally referred to as HIPAA. 17. This power of attorney shall not be affected by my subsequent disability or incapacity. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 9th day of September, 2004. His Carl Winc_ White (SEAL) Mark STATE OF PENNSYLVANIA :: SS COUNTY OF CUMBERLAND :: On this the 9th day of September, 2004, before me the undersigned officer, personally appeared CARL WINCEL WHITE, known to me or satisfactorily proven to be the person described in the foregoing instrument and acknowledged that she executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, i hereunto set my hand and official seal. .-- I, CARLA D. PRATT HAVE READ THE ATTACHED POWER OF ATTORNEY AND AM THE PERSON IDENTIFIED AS THE AGENT FOR THE PRINCIPAL. I HEREBY ACKNOWLEDGE THAT 1N THE ABSENCE OF A SPECIFIC PROVISION TO THE CONTRARY IN THE POWER OF ATTORNEY OR IN 20 PA.C.S. WHEN I ACT AS AGENT: I SHALL EXERCISE THE POWERS FOR THE BENEFIT OF THE PRINCIPAL. I SHALL KEEP THE ASSETS OF THE PRINCIPAL SEPARATE FROM MY ASSETS. I SHALL EXERCISE REASONABLE CAUTION AND PRUDENCE. I SHALL KEEP A FULL AND ACCUILATE RECORD OF ALL ACTIONS, RECEIPTS AND DISBURSEMENTS ON BEHALF OF THE PRINCIPAL. CarlagDT. Pratt, Agent Date ' IN RE: : IN THE COURT OF COMMON PLEAS OF REMAINS OF : CUMBERLAND COUNTY, PENNSYLVANIA CARL W. WHITE : ORPHAN'S COURT DIVISION : 21-04-960 IN RE: CONTINUANCE ORDER OF COURT AND NOW, this 25th day of October, 2004, Frances DelDuca, Esquire, having appeared on behalf of the Petitioners and James Neilson, Esquire, having appeared on behalf of the spouse, Connie White, and Mr. Nelson having request a continuance of this hearing until tomorrow afternoon at 3:p.m., and not being objected to by Petitioners, this hearing is continued until 3 p.m. tomorrow. By the Court, L Ge~'~'[fert P'J' Frances H. DelDuca, Esquire~ For Petitioners 10 West High Street / Carlisle, PA 17013 James Neilson, Esquire For the spouse Bell Tower Seventh Floor 303 Walnut Street / Harrisburg, PA 17101~ Court Administrator-- :mlc '~ c~ '" [N THE COURT OF COMMON PLEAS Ok CUMBERLAND COUN'I~', PENNSYLVANIA IN RE: RE/X,L~INS OF CAR1. W. WI:IITE ORPHAN'S COURT DIVISION 214)4-960 ANSWER TO EMERGENCY PETITION AND NOW, this 26~h day of October, 2004, comes Connie White, spouse of the deceased, and submits this Answer to the E~mergcncv Petition of Carla D. Pratt and Randy J. \Vhite and respectfully states: 1. Admitted. 2. Admitted. 3. Admitted. ~ 4. Denicd. Respondent believes and therefore avers that, at the ~ he was moved to Pennsylvania, the decedent was heavily medicated and, therefore, not ~apable of independently deciding to relocate to Pennsvlva~ia. Furthermore, it is denied t|t~t the Respondent was abusive and neglectful tow~ard Carl E. White. Respondent demands strict proof of the allegations in Paragraph 4. 5. Denied. Specifically, it is denied that Carl E. White "relocated" to Pennsyh'ania; rather, Respondent believes and therefore avers that he was transported to Pennsylvania by the Petitioners. Respondent demands strict proof of the allegations in Paragraph 5. 6. Denied. Respondent is without information regarding the truth of the averment because such information is within the exclusive knowledge of the Petitioners. Respondent demands strict proof of the allegations in Paragraph 6. 7. Admitted. 8. Admitted in part, denied in part. It is admitted that Carl E. White was born in Oldahoma and lived there all of his dfc. It is believed and therefore averred that he xvished to be buried in Sherman, Texas, in a cemetery that he had selected with the Respondent; accordingly, it is denied that he wanted~to be buried in Oklahoma. A copy of the applicable cemcteu' agreement is attached hereto as Exhibit A and incorporated by rcferencc as if fully set forth herein. Respondent demands strict proof of the allcgafio'ns in Paragraph 8. 9. Denied. Respondent is without information regarding the truth of the averment because such information is within the exclusive knowledge of the Petitioners. Respondent demands strict proof of thc allegations in Paragraph 9. 10. Admitted. 1 i. Denied. The averment is a legal conclusion to wtfich no response is required. Respondent demands strict proof of the allegations in Paragraph 11. 12. Denied. The response to Paragraph 8, above, is incorporated by reference as if fully set forth herein. Furthermore, the arrangements xvith the cemetery in Sfaerman, Texas, were made several years ago and not, as implied by Petitioners, of late. Respondent demands strict proof of the allegations in Paragraph 12. 13. Admitted. 14. Denied. Respondent is without information regarding the truth of the averment because such information is within the exclusive knowledge of the Petitioners. Respondent demands strict proof of the allegations in Paragraph 14. 15. Denied. Specifically, it is denied that an emergency situation exists. Furthermore, arrangements for the burial ha~-e been made and paid for in full. Said arrangements have been made with the above-mentioned cemetery in Shem~an, Texas. Respondent demands strict proof of the allegations in Paragraph 1'5. 16. Denied. The Respondent beheves and therefore avers that the decedent intended to be buried in Sherman, Texas; accordingly, the decedent's and the Respondent's intcntions were entirely consistent. Respondent demands strict proof of thc allegations in Paragraph 16. 17. Admitted. NEW MATTER 18. In hght of the fact that funeral arrangements hax-e been arranged and paid for, there exists no emergency. 19. The Respondent, and the decedent's four children who agree with the Respondent's position, have a clear interest in taking part in the decision of where the decedent is to be buried. 20. Petitioners have not presented clear and convincing evidence, as required by 20 Pa.C.S. ~305, showing that decedent's intent was contrary to that of the Respondent. WHEREFORE, the Respondent respectfully requests that the Court: a) find in favor of the Respondent and dismiss the Petition of Carla D. Pratt and Randy J. White; and b) axvard reasonable attorney fees to the Respondent, as permitted by 20 Pa.C.S. ~305(d)0). Respect fully submitted, ROMINGEI- BAYLEY & WHARE //~es l~'4~ison, k:squire (._ Att. tozm-w'~). 91144 155 S. Hanover Street Carlisle, PA 17013 Phone: (717) 241 6070 Fax: (717) 241-6878 - Attorney for Respondent M~MORJAL MANUFACTLIFI[R 1~-11-2~8~ MON 86:J'B~M ID: Remembering His Life ' ' - . ' He: mai:tied the-Late Ms.. J0hnnie :Mae 'Standfor~J in Winz~. J White,. beticr:known lo all his fiiends and' Sherman/,. Texas in 1969.,' she preceded him in death on ...... · - August 25, 1981. ~SO on~ b~othcr and tWo Sisters neighbors as .~',~onn.~'ror "Sunny Joe,: Hewas born p?eeeded Nm in death . lo loving parents Napoleon and 'Albertine White in ' .'.. Bryan'Count~ on APril .24, ~8. in pteasant Grove, Later on in life fie met.and married Ms. Connie Marie Oklahoma. 'Sont/y was the' 9i~.chlid: of 13 cl]ild~an. . Craven· on' Sept 12, ] 995' in. Durant, Oklahoma· · ' Within ~ years ofmmiage'.iheys~red.afid enjoyed -He received'scho01ing in Bfyan.Couhty~' Oklahbmal .:.iife J-O.th~.full~st together, Vi:iifing'their ~hildren for He confessed Christ at an early age 'and' bt'w'ame a .' "l~01idayi, graduifion(and ~hile0n vacation toNassan 'Methodisi ~fOllowin~"aft~f his parents. -He worked on Bahamas,I Ke~ West, F oriiia,.'Cozumei, Mexico and several public jobs'in Grand Prairie, Texa~' 'and- . . '.: .m~m~ot!~e~planeg.'He:wasloved.byhi~.wiYc, i;hi.ldren, Springfield, l~ass0uri asay0ung, man. Sonny decided ' ' grandchildren; greal~-~and children and family and al a very young' age that.working for. someone else friendi. ' ' ' .... was not f0r..h!m,, so he re'adc prepa~atioiis to tie.self- . . · . employed; .he.~purchased-land in Oldahoma in May He leaves to mimm his passing hi~ devoted ·wife: 1952 and built his home ih what was. ~1 ed Platter Connie Ma0e White:.Childre Flats, Oklah0ma:at'that time..HebeCame.a full_time of Chandler, AriZOna, Lavern Whitc~(Tooy) Farmer, buying and ..s.~!Iing.lan.d and a fullqime . Phoenix, Ari~ona,.^nthony"~h te (Sharon) of Grand Rancher buyingand }iiiing horses & cattle.- He lo',ed P~'aJri~, Texas,.~)ennis MCalueney of Grand ·prairie, his a~inlal.s- more than'anything; hc had a tremendous Selena' White of'.Colbett,. Oklahoma, Carla Denise love for riding'and tfaifiing thi.* botSei. Ti~e afiimali 'i'iPralt.(Mich~l) ofPhiladc/pNa, pennsy vania, Carla grey/to 10ve him and bccarae very c0mfortible:svith :· Ch~velle Holrfi~ Of'Grand Prairie~ Texas and Randy ' him; :they WoUtd.be waiting'on him to come 0m'eari~ .?White ofDurant'.oklah0ma: Stett~la,ghteSs: C/audit each morning and'would£ollow him around likelittI~ Wi-igiit Of shen~n, Texas Rosalind. Craven- children. He. had 'a un[que.giR' When .~t came io' Tarkington(Earnest). and.Malinda McKee both Of an/m~s. Sonny'lov~l Rodeos and .eve~3,thing that's · Dallas, Texas. Bi'othersf Al 'White (Erma) and related Io it. i~e was a role model.£Oi- many yoUng · - ' ' · · Napoleon- Whlte .(Cai-ol)'of Cartwright Oklahoma: mtm. Wantm. g to come into the business Of Farming and Sisters: Augusta H0pkins and.cie0 Hopkins bbth of Ranc_,hing whether it was buying their own }and, Oakland, CalifOrnia, .Mildre-Xt Smilli of. Springfield, building their=own homes or 'bu~ing their own ' · MiSSouti~ Mable Parker aniJ:Olaydene Jordan both of livestock, his advicJe Was pi'osper0us to many of;them Colbert, Oldahoma, Marhelta White .of CartWright, and he loved 'every' minute of it. · · ,'Oklahoma, Beverly Penn of Danison, Texas and total · of.l 2 'grand'chi{dren and 9 great grand'etiildr~n.and a host of)i~'es, nephews and ~em~s. IN RR: : IN THE COURT OF COHHON PLEAS OF REHAINS OF : CUHBERLAND COUNTY, PENNSYLVANIA CARL W. WHITE : ORPHAN'S COURT DIVISION : 21-04-960 AMENDED ORDER OF COURT AND NOW, this 27th day of October, 2004, the order of October 25th, 2004, is hereby amended to reflect that the spouse, Connie White, is represented James I. Nelson, Esquire. Ail other aspects of the order shall remain in full force and effect. By the Court, er, Frances H. DelDuca, Esqu.re For Petitioners 10 West High Street Carlisle, PA 11013 James I. Nelson, Esquire For the spouse 155 South Hanover Street Carlisle, PA 17013 Court Administrator :mlc ATTORNEY AT LAW TEN WEST HIGH STREET CARLISLE. PENNSYLVANIA 17013 1N RE: "IN THE COURT OF COMMON PLEAS Of · ' CUMBERLAND COUNTY, PENNSYLVANIA REMAINS OF "ORPHAN'S COURT DIVISION CARL W. WHITE "21-04-9560 ORDER AND NOW, this 26th day of October, 2004, after hearing, Petitioners Carla D. Pratt and Randy J. White are granted the sole authority in all matters pertaining to the disposition of the remains of the decedent Carl W. White, provided they are responsible for all expenses thereof. BY THE COURT, G~~g['YE .Wlt'o ffer, P. : iN RE: : IN TNE COURT OF COMHON PLEAS OF : CUHBERLAND COUNTY, PENNSYLVANIA REHAiNS OF : ORPHAN'S COURT DIVISION CARL W. WHITE : 21-04-960 TRANSCRIPT OF PROCEEDINGS Preceedings held befere the HONORABLE GEORGE Z. HOFFER, P.J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Tuesday, October 26, 2004 in Courtroom Number 3. ORigiNAL APPEARANCES: Frances H. Del Duca, Esquire For the Petitioners James i. Nelson, Esquire Fer the Respondent Jack Haggard, Esquire For the Respondent By telephone 1 INDEX TO WITNESS 2 FOR PETITIONER DIRECT CROSS REDIRECT REOROSI 3 Carla 8. Pratt 8 20 4 Beverly Penn White 40 47 -- - 5 6 FOR RESPONDENT DIRECT CROSS REDIRECT RECROS~ 7 Connie White 24 26 31 31 8 A1 White 34 ...... 9 i0 11 12 13 i6 15 16 17 18 19 2O 21 22 23 24 25 2 1 Tuesday, October 26, 2004 Carlisle, Pennsylvania 2 (The following proceedings were held at 3:30 p.m. 3 4 THE COURT: Hiss Del Duca, do I understand 5 you have not been able to successfully negotiate a 6 resolution? 7 MS. DEB DUCA: That is correct, Your Honor. 8 THE COURT: Who do you have in court? 9 MS. DEL DUCA: I have in court Professor 10 Carla Pratt who filed the petition. I have in court the 11 son, nephew, and a sister of the decedent. I have Beverly 12 Penn-White who is the sister of decedent, and I have Randy 13 White who's the brother and the nephew Carl White. 14 THE COURT: How many people have you 15 mentioned, ma'am? 16 MS. DEL DUCA: I have mentioned four people, 17 Your Honor. 18 THE COURT: And they're all present here in 19 the courtroom? 20 MS. DEL DUCA: Yes, Your Moner. 21 THE COURT: Who de you have, Mr. Nelson? 22 MR. lgELSON: I don't have anybody physically 23 present here in the courtroom, Your Honor. I do have the 24 widow and at least eno of the seven children in the 25 counsel's office in Oklahoma. 1 THE COURT: How do you propose to handle thi 2 hearing? 3 MR. NELSON: My proposal would be to allow 4 Petitioners to move forward and if we feel that we need to 5 contradict anything that's been stated, we can contact the 6 attorney's office in Oklahoma and take testimony from the 7 people that he has present there. 8 THE COURT: You mean I'm to move ahead and 9 take testimony in this courtroom in a vacuum as far as your 10 client is concerned? 11 MR. NELSON: Not necessarily a vacuum, if I 12 may approach, we filed an answer to the petition about half 13 an hour ago. 14 THE COURT: Uh-huh. Attached to that is an 15 exhibit. It is a copy of a -- 16 MR. NELSON: It's part of the pleadings, You~ 17 Honor. It's - there is an exhibit attached to that answer. 18 That is a cemetery agreement which I think sets forth the 19 original -- or the intention of the decedent where he wanted 20 to be buried. 21 THE COURT: Now you're getting into your 22 argument. I'm just asking you how you're proceeding here. 23 You're satisfied te have Miss Del Duca ge ahead and present 24 her testimony here in the courtroom without any 25 participation whatsoever of your client while it's going on? 1 Is that what you're saying? 2 ~R. NELSON: I'd like to correct myself then 3 and request that we contact my client in Oklahoma and pu% 4 them on the speakerphone. 5 THE COURT: Oh, is that what you want to de? 6 MR. NELSON: Yes, sir. 7 MS. DEL DUCA: I don't knew who's there te 8 testify, Your Honor. I don't know who the witnesses would 9 be. 10 THE COURT: Well, I don't know either. But 11 he wants to hear -- whoever he has in the office out in 12 Oklahoma to hear the court proceedings here. Is there 13 seme%hing wrong with that? 14 MS. DEL DUCA: Ne, Your Honer. 15 THE COURT: Well, that's what we'll de then. 16 Where is the speakerphene? You're about to dial some 17 number, Hr. Nelson. De you want to tell us what's going on? 18 MR. NELSON: Z'm going to dial the office 19 number of Attorney Jack Haggard in Oklahoma. Hello, Jack. 20 This is Jim Nelson. We're in the courtroom of Judge Heffer 21 here in Carlisle. 22 MR. }{AGGi~P.D: Yes, sir. 23 MR. NELSON: The hearing is under way right 24 now, and we just wanted to have you folks on the 25 speakerphone so you could hear and participate as needed. i MR. HAGGi~RD: Okay. 2 MR. NELSON: If you could for the benefit of 3 the Judge just identify who is there with you. 4 MR. HAGGi~.P.D: Let me bring them in the 5 conference room. I have you en the handset, and I'll put 6 you on speaker in the conference room. 7 MR. NELSON: Okay. Thank you. 8 MR. HAGGAI{D: Okay. We've got everybody in 9 the room. And Your Honor, if it's okay, I will let these 10 persons in the room introduce themselves first name and last 11 name. We'll go around the table starting at my left. 12 MR. NELSON: Ge ahead, Hr. Haggard. I'm 13 going to repea% the name of each person after they identify 14 themselves. 15 MR. HAGGARD: Okay. 16 MR. NELSON: Go ahead. 17 MR. AI~ W~ITE: A1 White. 18 MR. NELSON: A1 White. And could you provide !9 your relationship to the deceased? 20 MR. A_L WHITE: I am the youngest brother. 21 MR. NELSON: The youngest brother, A1 White. 22 Okay. The next person, please. 23 MR. NAPOLEON WHITE: Napoleon White, the 24 oldest brother of the decedent. 25 MR. NELSON: Napoleon White who is the oldest 6 1 brother of the deceased. 2 MS. MCKEY: Helinda HcKey, stepdaughter of 3 the decedent. 4 MR. NELSON: Helinda McKey, the stepdaughter 5 of the decedent. 6 MS. MCKEY: Correct. ? MR. NELSON: Okay. 8 MS. Si~LINA WI{ITE: Salina White, daughter. 9 MR. NELSON: Could you repeat that please? !0 ~S. SAI~INA WI{ITE: Salina White. !1 MR. NELSON: Salina White, daughter of the 12 decedent. 13 MS. TARKINGTON: Rosalyn -- 14 MR. NELSON: Is that Jocelyn? 15 MS. T/~R~INGTON: Rosalyn. i6 MR. NELSON: Rosalyn Washington. 17 MS. Ti~RKINGTON: Tarkington, 18 T-A-R-K-I-N-G-T-O-N. 19 MR. NELSON: And your relationship, again? 20 MS. Ti~RKINGTON: Stepdaughter to the 21 decedent. 22 MRS. WI{ITE: Connie White, wife ef the 23 decedent. 24 MR. NELSON: Connie White, the wife of the 25 decedent and the Respondent te the petition. Is that 1 everybody we have there? 2 MR. HAGGARD: That is everybody in the room. 3 MR. NELSON: Okay. We'll go ahead and 4 proceed. Please stay on the line. 5 THE COURT: Miss Del Duca, give us your main 6 witness first. You may have cumulative witnesses here; and 7 I'd just like to proceed with one -- 8 MS. DEL DUCA: Yes, Your Honer. 9 THE COURT: -- te see with how far we get !0 with just one witness. 11 MS. DEL DUCA: I'd like to call Carla Pratt. 12 ........ 13 CARLA D. PRATT, 14 having been duly sworn, testified as follows: 15 DIRECT EXAMINATION 16 BY MS. DEL DUCA: 17 Q State your full name, please. 18 THE COURT: Pull that mike over, ma'am. 19 THE WITNESS: Carla D. Pratt. 20 BY MS. DEL DUCA: 21 Q And where do you live? 22 A 99 Ashton Street in Carlisle, Pennsylvania. 23 Q And how long have you lived there? 24 A Just a few weeks. I just moved to Ashton 25 Street. Before that, I was living on South Street in ! Carlisle. 2 Q So hew long have you lived in Carlisle? 3 A A little over a year. 4 Q And what is your occupatien? 5 A I'm a law professor at the law schoel, 6 Dickenson Law Scheel. 7 Q And your father, where did he die? 8 A He died in my home at 99 Ashten Street in 9 Carlisle. 10 Q And when was that? i! A Saturday, October 23rd. 12 Q And Nad your -- when did your father start 13 living in Carlisle? 14 A September 6th, 2004. 15 Q And where Nad he lived prior to that time? 16 A 72 White Road in Calera, Oklahoma. 17 Q Now long had he lived in Oklahoma? 18 A All ef his life pretty much. 19 Q What was his occupation? 20 A He had been a farmer and a horse rancher, 21 cattle rancher. 22 Q Now, why did yeu - did you bring Nlm to 23 Carlisle? 24 A Yes. Hy brother and I assisted him in cominc 25 to live with my husband and ~. 1 Q And why did you bring him to Carlisle te live 2 with you? 3 A Because my stepmother had been neglectful to 4 him and had been verbally -- 6 (Phone connection was accidently disconnected and subsequently reconnected.) 8 ~. ~L$ON: We're back. Sorry about that. 10 {The reporter read back the referred-to portion of the record. ) 12 THE WITNESS: Because there -- my cousin had 13 called; and she filed a complaint of abuse at the Departmen 14 of Aging in Durant, Oklahoma. And myself and several other i5 family members had witnessed Connie being abusive 16 physically, emotionally, and verbally toward my father. 17 BY MS. DEL DUCA: 18 Q Now, what was the nature of your father's 19 illness? 20 A He had advanced prostate cancer. 21 Q And when did he become ill? 22 A I think he was originally diagnosed in about 23 1993. It went in remission for many years, and I believe ir 24 about 2003 i~ came out ef remission with a vengeance. And 25 Ne began another aggressive round of trying te treat the 10 ! cancer. 2 Q Did you obtain medical help for him at that 3 time in 2003? 4 A Yes. I did researcN to try to ascertain 5 which facilities in the United States had advanced 6 treatments for advanced prostate cancer; and I found the 7 H.D. Andersen Cancer Center in Heusten, Texas, was 8 conducting clinical trials en advanced prostate cancer 9 patients. 10 Q And did you take him there? i! A Yes, I did. 12 Q Now, when -- you speak ef abuse. When did 13 abuse on the part of his wife eccur? 14 A I witnessed several incidents of abuse. Whet 15 one trip when I was taking him to Heuston I witnessed verbal 16 abuse, my stepmother cursing at him. More immediate in Jul~ 17 when I went to Oklahema for the family reunien wNich was 18 subsequently canceled, I witnessed my stepmother cursing at 19 my father, humiliating him and derogating him. 20 And when I confronted her, she became 21 beligerent towards me. And the night befere I was planning 22 to leave, I heard -- I weke up at 2:00 in the morning to a 23 disturbance. And I walked reward the room where my father 24 was being kept in tNe den in a hospital bed. He was 25 confined t© the bed pretty much at that point. 11 1 And the door was closed, and I heard her 2 cursing at my father. And I slowly opened the deer, and ~ 3 saw her leaning over my father peking him with her index 4 finger and cursing at him because he had asked me to put up 5 a picture of his parents. And she was cursing that this wa: 6 not my house and that he needed to get me in check and I 7 wasn't supposed to be putting up anything in her house. 8 Q Was this in July of '04? That was this year' 9 A That was in July 2004, yes. 10 Q And was your father confined to bed at that 11 point? 12 A Pretty much he could get up and use the 13 bedside commode which he did with assistance usually. 14 Q And you say again abuse or neglect. What 15 neglect would you knew about er observe? 16 A I had a practice of calling my father 17 routinely because I was so far away here in Pennsylvania, 18 and I would call routinely. And the telephone would ring 19 and ring and ring, and I knew he was there bedridden. And 20 ne one would be at home; and at the time, my brother Randy 21 White was living in Durant. 22 He would find my father there alone 23 unattended. ! had purchased a cell phone nor my father, and 24 i asked she leave the cell phone with my father so he could 25 either call 911 for assistance or at least receive my phone 12 1 call so I could check on him. 2 And she teek the phone for her own personal 3 use and would not leave it there for my father. So I 4 purchased a necklace from a medical supply so that he could h press the medic alert button if he fell or needed 911 6 assistance. 7 THE COURT: Who is your stepmother? 8 THE WITNESS: Connie M. White. 9 BY MS. DEL DUCA: 10 Q And were there times when he complained about ii net eating? 12 A Yes, there were. When I arrived in July of 13 2004, when I got te the house, he asked me to prepare him 14 something to eat; so I went te the kitchen. There was not !5 enough food in the kitchen to prepare a sandwich let alone 16 meal. So i immediately went te %he stere to the Wal-Hart 17 and purchased household supplies and food and began 18 preparing him meals which he did at that time still have a 19 pretty decent appetite for a cancer patient. He was eating 20 the meals that I prepared. 21 Q So you saw him in July ef '04 at the time of 22 %he family reunion. Did you then return te Pennsylvania? 23 A I did return. I guess when I first got 24 there, it was the end of June; and I returned to 25 Pennsylvania around July 12th. 13 1 Q And then you went back te Texas -- hack to 2 Oklahoma. When did you see yeur father again after the 3 famil} reunion? 4 A When I left areund July 12th, I did net see 5 him again I don't believe until Septer[~er 5th when I flew 6 down with my brother. 7 Q And why did yeu fly down at that time? 8 A Because I received a telephene call from my 9 Cousin Sharon White. She was in tears saying that my father !0 was being abused and neglected and that Cennie's beNavier 11 had net ceased and that she had gene te Durant and filed a 12 complaint with the Department of Aging and that if I didn't 13 come and get my dad she was geing to request that they put 14 him in a nursing home because she felt he would be better 15 off in a nursing home than Ne was being cared for at home. 16 Q Se yeu went to Oklahoma on September 5th, ant 17 what occurred then? 18 A My brother and I arrived at my dad's heuse at 19 approximately 5:00 in the afternoon, and there was a note en 20 the deer in Cennie white's handwriting saying that she had 21 an appointment in Sherman, Texas, at 3:00 and had to leave 22 and said, "Please do net disturb Hr. White." 23 We saw my father was in there in the hospital 24 bed, and we knocked en the deer and entered. And I told my 25 dad that we were ~here to take him to Pennsylvania if he 14 1 wanted to come. And he asked if I was for real, if I was 2 serious. And I said, "If you want to come, Daddy, 3 here." I said, "I heard it's all still geing on and I'm 4 hear to take you home witN me." And he said, "Get my 5 wallet." 6 Q So you brought him back to Pennsylvania? 7 A Yes, we did. 8 Q And was he in the hospital here? 9 A Yes, he was. i0 Q For what period ef time? 11 A Abeut five days, I believe. 12 Q And then what happened with him? 13 A After he left the hospital, my new house was 14 not completed; se I had to put him at Hanor Care until my 15 new house was cempleted. And then he came heme to my new 16 home. 17 Q And do yeu have children? 18 A I de. 19 Q And -- 20 A Two. 21 Q Two children. Did you send a letter with 22 various affidavits to Hark Campbell the District Attorney of 23 Bryan Ceunty in Durant, Oklahoma, dated August 21st, 2004? 24 A I did. 25 Q And are these affidavits by your father's 15 ! sister, a son, and a nephew two of whom are here -- at least 2 those three are here telling what they observed and why they 3 had concerns about you father regarding neglect and abuse? 4 A Yes. Those are the affidavits that I sent 5 from -- it was an affidavit from my brother, my sister, 6 myself and my aunt Beverly, my cousin Carl. And my aunt 7 Marcel!a White and my cousin Sharon White submitted their 8 affidavits independently. 9 Q And in these affidavits if you could briefly 10 summarize what Eheir concern was? 11 A Primarily neglect that my father was being 12 left unattended for hours alone and that he -- when he was 13 found, he was without water or food. He had always 14 requested water and food. And my affidavit recounts the 15 poking incident that I witnessed Connie cursing at him. 16 Almost all of the affidavits recount her cursing and 17 belittling him. 18 Q And did you pay any ef the household expenses 19 for your father and your stepmother? 20 A Yes. I paid their mortgage since 1992 er 21 '93. For the past several years, I've paid the home owner' 22 insurance. Pretty much the entire time I've had the 23 mortgage, I paid the home owner's insurance. For the past 2d couple years, I paid the real estate taxes. I paid the 25 electric bill on occasion. I paid the garbage expenses. 16 1 And I paid for my father's cell phone. You know, my fatNer 2 took geod care of me. And if he needed semething, I teek 3 care of it. 4 Q Now, hew did yeur father take care of his 5 medical insurance? 6 A He had the medical -- Medicare wNen he turnec ? 65; and he had private medical insurance tNrough my 8 stepmo~Ner Connie White. 9 Q So he was dependent upon that insurance? 10 A Yes, very. 11 Q Why is it impertant to you that yeur father 12 be buried in the cemetery in Oklahoma? 13 A Because he made his wishes clear te me in 14 2003. When his cancer had come eut of remission, he began i5 discussing with me his final wishes. And he said, you knew, 16 I want yeu te put me away is wNat he called it. And he 17 said, We need to start putting money away because he didn't 18 knew if Cennie was geing to ceme up with money te pay fer 19 his burial. 20 He told me that she had purcNased a plet in 21 Sherman, Texas, where her mother was buried and that there 22 was a plot for him there but his wish was to be buried with 23 a his mother. And so I wanted his wishes honored. We were 24 geing te put tegether meney, and so we opened a joint 25 account. And we began putting meneys into that account to 17 i make sure that when the time came that I would have some 2 money there to use to -- he put it put him away -- and i~ 3 wouldn't be a burden en my husband. 4 Q What is the cultural er traditional 5 significance of his being buried with his mother? 6 A Well, a lot of African American people do 7 wish to be buried with their family they came from as 8 opposed to their family they married into. That is my wish. 9 That is my husband's wish. Hy mother is buried with her 10 family. It's -- it's a pretty common practice as far as I 11 know. 12 Q And you have stated that you are willing te 13 bear the funeral expenses? 14 A Yes. Hy father and I created a joint accoun 15 in 2003; and if I'm permitted to execute his wishes, I will 16 pay for all of the expenses. 17 Q And in your petition, you stated that the 18 decedent's remains are at the Heffman-Roth Funeral Home and 19 that the Petitioner has been informed by the undertaker thai 20 the widow would not pay for embalming er transportation ef 21 his remains to Texas. And I snow you her response on No. 22 13, and what does that say there? 23 A Admitted. 24 © So she would not pay for any of those 25 expenses? 18 1 THE COURT: Could you keep your voice up, 2 ma'am? 3 BY MS. DEL DUCA: 4 Q So she would not pay for any of those 5 expenses; is that correct? 6 A That's correct. I received a call from her 7 yesterday, and she was demanding that I send her the money 8 in the joint account that my father and I had. 9 Q And i believe it's your testimony that your 10 father and Connie White were not getting along since the !! time of his illness at least back in January of 2003? 12 A That's right. They were still living 13 together. Hy father had asked me to advise him at one point 14 in time on divorce; but shortly after that, he learned that 15 his cancer had come out of remission. And he decided he 16 wanted te stay married. He needed the health insurance, and !7 he said that he's too old to even think about divorce 18 anyway. 19 So he decided te stay married, and I 20 respected that. And I tried to respect their marriage, but 21 I could not allow her to continue to be abusive toward him 22 when he could not longer physically or emotionally defend 23 himself. 24 Q Now, what is it you wish to do? 25 A ! wish to execute his wishes. I wish te hav~ 19 1 a funeral in Oklahoma and have him buried at Sandy Cemetery. 2 And, you know, he and i talked extensively about what he 3 wanted; and I want lots ef flowers because that's what he 4 wanted. And I want a wagon covered with flowers with a 5 horse drawn carriage to take him te Sandy Cemetery. And I 6 want to execute his wishes, and that's all I want. 7 MS. DEL DUCA: I have nothing further, Your 8 Honor. 9 THE COURT: Hr. Nelson. 10 MR. NELSON: Yes. 12 CROSS E~INATION 13 BY MR. NELSON: 14 Q Just a few brief questions, Professor. De 15 you have anything in writing that indicates your father did 16 no% want to be buried in Sherman, Texas? 17 A No. 18 Q Did you know that Connie White had made 19 funeral arrangements in Sherman, Texas? 20 A My dad did tell me about, you know, a burial 21 plot in Sherman, Texas. I did not know about any funeral 22 arrangements until yesterday when she left me a message 23 saying she had made funeral arrangements and she was 24 demanding that I send her the money from the joint account 25 that my father and I had. 2O 1 Q Before you brought your father back to 2 Pennsylvania er to Pennsylvania, I should say, did you first 3 contact or inform Connie White of your plan to do so? 4 A No. I wanted to avoid confrontation, and I 5 really was not sure that my father was going to come. Hy 6 brother and I were net going to drag Nlm out of his home, 2 but we wanted to let him know that we loved him enough to 8 take care of him and Ne did not have te endure that. And se 9 we did net purchase his ticket to Pennsylvania until he told 10 me to get his wallet. I called my husband and said, Get Nis i! ticket. 12 Q At about the time that this occurred, was he 13 under any kind of medication? 14 A Yes. He was on medication at the time, 15 several medications. If you're asking specifically about 16 pain medication, he was on some pain medication; but when we 17 arrived at the house, it was 5:00. And the note indicated 18 that Connie had gone te Sherman for an appointment in 19 Sherman at 3:00. So that meant she had to leave at least b 20 2:30 because it takes 30 minutes approximately te get over 21 there. So my dad had not had any pain medication for a few 22 hours when we arrived, and he was ~ucid. 23 Q Was he being treated with morphine at that 24 time? 25 A No. It was OxyContin er Oxycedone. 21 1 MR. NELSON: That's all I have, Your Honer. 2 THE COURT: You may step down, ma'am. 3 MS. DEL DUCA: Ma'am, offer -- a short offer 4 on your other witnesses back there, Miss Del Duca. Your 5 Honor, the decedent's sister, Beverly Penn-White lives 10 6 miles away or lived 10 miles away. And she would testify 7 that she would drive over and bring feed to her brother 8 because he was hungry, that he was not getting his meals, 9 that he would be left alone for hours at a time unattended 10 by his wife. And that is the basis ef her testimony, Your 11 Honor. 12 THE COURT: And your next witness, ma'am, an 13 offer? 14 MS. DEL DUCA: And my next witness is the 15 nephew and the son as well. They both will testify that 16 they visited the home frequently, that they were aware that 17 there were hours when he was left alone, that they prepared 18 food for him. 19 THE COURT: Is this the one brother she 20 referred to that went to Oklahoma with her? 21 MS. DEL DUCA: Ne this is a son of the 22 decedent and nephew ef the decedent that are here today. 23 THE COURT: Both lived in Oklahoma? 24 MS. DEL DUCA: Yes. The son now lives with 25 his sister Carla Pratt, but he lived in Oklahoma until 22 1 August of this year. 2 THE COURT: And they would testify similar to 3 the aunt back there? 4 MS. DEL DUCA: Yes, indeed, Your Honor. 5 THE COURT: All right. Well, I'll just -- I 6 have your offers on that. Let's see where we are. Let's 7 move to your case, Mr. Nelson. 8 MR. NELSON: Okay. 9 THE COURT: You have some testimony, here? 10 MR. NELSON: I do. I'd like to present the 11 testimony of Connie White. 12 THE COURT: Go ahead. 13 MR. NELSON: Just a few quick questions. 14 THE COURT: Do you have -- Jack, you got 15 Connie there? 16 MR. HAGGARD: Connie is here. 17 THE COURT: Swear Connie. 19 CONNIE WHITE, 20 having been duly sworn, testified as follows: 21 THE COURT: Anybody back there recognize her 22 voice? 23 MR. HAGGA/{D: Pardon, Judge? 24 THE COURT: Anybody back there recognize 25 Connie's voice? Everybody is holding their hand up. 23 1 MR. NELSON: I will attest to that being 2 Connie and Connie's voice that swore the oath. 3 THE COURT: There you ge, Mr. Nelson. 5 DIRECT EXAMINATION 6 BY MR. NELSON: 7 Q Connie, could you describe the steps that yo~ 8 and your deceased husband took te arrange a funeral in 9 Sherman, Texas, and when that occurred? !0 A It was about several years ago. I was 11 working; and he was -- he wasn't. 12 THE COURT REPORTER: Ma'am, could you please 13 speak up? 14 BY MR. NELSON: 15 Q Connie, could you possibly speak closer into 16 the microphone? I'm sorry we're having some trouble hearinc 17 you. 18 A It was several years ago. I have the record~ 19 here. We purchased this in Sherman, Texas, two plots for 20 him and myself. And we both went in and got -- got them. 21 It was several years ago. 22 Q Okay. There's been some emphasis paid te 23 bills from the Hoffman-Roth Funeral Home here in Carlisle. 24 Do you -- do you agree with those expenses? You agree that 25 you should pay those expenses? 24 1 A Yes, I will pay them. 2 Q But at the -- have you spoken te Hoffman-RetP 3 and disputed or disagreed that you should be held ~ responsible for costs that came up here in Pennsylvania? 5 A Could you ask that again? 6 Q Sure Did you have a problem with expenses ? being incurred here in Carlisle, Pennsylvania, at the 8 Noffman-Roth Funeral Home that you had net initiated? 9 A No, I did net. !0 Q Okay. Could you describe your relationship 11 with your husband? 12 A My husband and I on September the 12th were 13 married 19 years. And I came up a few days after that. He 14 was taken from the Nouse. We were getting along just fine. 15 Nineteen years where anybody is after -- married that many 16 years, you knew, we get along fine. He -- I gave him -- 17 cooking 3 meals a day; and we -- we didn't have any 18 problems. 19 Q Did you ever abuse y©ur husband? 20 A No, sir, I did not. I did not. I took care 21 of him every day. CASA people came in -- 22 Q Did you ever neglect your husband? 23 A I did net neglect my husband. He was not 24 neglected in any kind of way. 25 Q Did you love your husband? 25 1 A Yes, I loved my husband. Yes, I did. 2 MR. NELSON: Thank you, Miss White. That's 3 all I have. 5 CROSS EXAMINATION 6 BY MS. DEL DUCA: 7 Q Mrs. White, this is Frances Del Duca. Did 8 you make some charges in September, September 6th, September 9 10th of this year tea credit card named as Spire, 10 S-P-I-R-E? 11 A Yes. But it was sometime back before they 12 come down here that we had got this credit card and helped 13 get his medical assistance. 14 Q New, this card is in the name of Carl W. 15 White; isn't that correct? 16 A Yes. 17 Q And there are charges here for cash advances, 18 cash advance on September llth. Is that a cash advance that 19 you had? 20 A Yes. 21 Q And there is a -- some other charges here. 22 But these are all your charges; isn't that correct? 23 A Yes. 26 Q And why would your name have been on this 25 credit card? 26 i A We had -- I had filled that card out before; 2 and he was aware of it. 3 Q And when did you fill that credit card out? 4 A I don't remember exactly; but it was a couple 5 of months about -- about a month before they come and get 6 him. ? Q Ail right. So that was probably in August; 8 is that correct? 9 A Sometime prior to that, yeah. 10 Q And did Carla set up a monitor alongside your !1 bed so you could hear your husband during the night if he 12 needed you? 13 A Yes, and I was up anyway even with -- before 14 a monitor was get. 15 Q But y©u objected to that, did you not? 16 A Ne, I did net. 17 Q And did you give a key te the lifeline poop16 18 so that they could assist }our husband in an emergency? 19 A Did I give a key? 20 Q Te the home? 21 A Say -- they told me that all they needed to 22 do was punch his necklace and be sure to keep it on Nlm at 23 all times. 24 Q Hew would they then get him to help him? 25 A If Ne -- I never did ge off and leave him 27 1 under those circumstances. 2 Q But you did frequently leave fer hours at a 3 time, did you not? Would you answer that please? 4 A No, I did not. 5 Q New, where were yeu on September 5th when 6 Carla and her brother arrived to visit with -- with your 7 husband? 8 A I had went to pick up seme medication. 9 Q And how long were you gone? 10 A I was gone about -- when I get back, it was 11 abeut six; and they had -- had come -- they had taken him 12 out when he got back. It was between six. I had been gone 13 about a couple o£ hours. 14 Q Did you leave about 2:30 or so that 15 afternoen? 16 A I beg yeur pardon? 17 Q Wasn't it about 2:30 that afternoon that you 18 left? 19 A It was around a little after. It was almest 20 three. 21 © And where did you ge? 22 A Went to the pharmacy. I went to the 23 pharmacy, and I went to the grocery stere. 24 Q And what kind ef meals was he having in the 25 last week that he was at home with you? 28 A What kind of meds? 2 Q Heals. Heals. 3 A He toek morphine. 4 Q No. I'm talking about food. Was he having 5 lot of cabbage for his meals? 6 A He would tell me what he wanted mostly, and 7 would fix it. I coeked three meals a day. I would ceek 8 three meals a day and _m I would fix whatever he wanted. 9 And the doctor told me he could eat mestly whatever he 10 wanted to eat, and so I weuld fix it for Nlm. 11 Q Isn't it true that his sister would bring hi 12 some feed? 13 A She weuld come over on a Sunday which was 14 about a week before that and bought cabbage and bought some 15 -- something that she bought. And he -- he didn't eat it. 16 He weuld tell me ge fi× him something -- something else he 17 would want. He didn't want it. 18 Q Would yeu say she was not telling the truth 19 if she toek him some juice and watermelon and cantaloupe anc 20 he devoured it because he was se hungry and this was in 21 August of 2004? 22 A NO, ~hat's not true. I bought him 23 cantaloupes and watermelons, whatever he teld me. Grapes. 24 He ate a lot of vegetables. Ne ate a lot of fruit. He 25 liked watermelon. And occasionally they would ceme over and 29 1 bring watermelon er cantaieupe or something occasionally, 2 hut I had those things for him all the time. Whatever he 3 teld me he wanted, I weuld get for him; and I fixed three 4 meals a day. CASA can tell you that. 5 Q Isn't it true that Carla's husband offered t¢ 6 have a nurse ceme te the heuse te Nelp him and you and you 7 refused? 8 A No. I called Michael; and I told Michael 9 that -- and I told her he - that these people had called. 10 And sNe - she teld me all -- I said, Get the name ef the 11 man. And she said, Don't werry about that. But yes, 12 Hichael did offer. And I looked for that to happen; but it 13 never did. 14 Q You're saying that you did not refuse? 15 A E did not. 16 © You did net refuse to have a nurse in tNe 17 home? 18 A No. 19 MS. DEL DUCA: I have nothing further, Y©ur 20 Honor. 21 ~. ~L$ON: Just erie quick question en 22 redirect. 23 24 25 3O 1 REDIRECT EXAMINATION 2 BY MR. NELSON: 3 Q Miss White? 4 A Yes. 5 Q Are you financially able and willing to make 6 arrangements for your husband's remains and to pay for these 7 arrangements? 8 A Sir, I have -- I have already done that. 9 MR. NELSON: Thank you. That's all. 11 RECROSS EXAMINATION 12 BY MS. DEL DUCA: 13 Q What kind -- have you paid an undertaker for 14 the transportation from Carlisle to Oklahoma? 15 A Yes. 16 Q Well, why would you say in your petition to 17 this Court that you refused to pay these expenses? 18 A I never said I refused te pay that to anyone. 19 Q Well, there's an affidavit here before the 20 court saying that you refused to pay. 21 A I don't -- I didn't -- who did I refuse to 22 pay? Nobody asked me about paying except -- I paid all of 23 the arrangements and these -- the funeral home talked to 24 these people and had gotten him ready to be shipped home. 25 Q And hew is he being shipped home? 31 1 A They told me what the expenses were going to 2 be and everything, and I agreed. 3 THE COURT: Who did she pay? 4 THE WITNESS: They were ready to ship him 5 home until they did this. 6 BY MS. DEL DUCA: 7 Q With whom did yeu make these arrangements? 8 A The mortuary. 9 Q The Angelic Hor~uary? 10 A Yes. 11 Q And with what person at the Angelic Hertuary? 12 A Terry White and James Smith. 13 Q And if they said that you made no 14 arrangements, what weuld you say te that? 15 A Well, I have the proof right here. I have 16 the bill; but I have -- where they fixed it up. 17 ~. ~I~LSON: Your honor, could we clarify 18 which funeral homes we're speaking about? I think Hiss 19 White might he -- might net be on the same sheet of music as 20 Attorney Del Duca whe she speke to and which particular 21 funeral home. 22 THE COURT: Did she put money up with 23 semeb©dy? And if so, how much and when? 24 BY MS. DEL DUCA: 25 Q Whom did you pay and how much and when, 32 I Hrs. White? 2 A I have the - we went and made arrangements. 3 Q No. Who did you pay? 4 A I have not paid. We made arrangements, and 5 the balance is due. 5551.62 is what it is -- I got the 6 items arranged. I get tNe clothes over there. 7 Q And what does that cover? 8 A It covers the funeral service to transport -- 9 withou~ the transport. 10 Q And that is the transport from the funeral 11 home ~o the cemetery? Is that what you're saying? 12 A 51 -- 51 -- what -- 5551.67 covers for the 13 funeral. 14 THE COURT: Mrs. Del Duca, has she fronted 15 any money to anybody? 16 BY MS. DEL DUCA: 17 Q Have you given any money to anyone? 18 A No. 19 MS. DEL DUCA: No. 20 THE COURT: What else do you need? 21 MS. DEL DUCA: That's it, Your Honor. 22 THE COURT: What else do you have, 23 Hr. Nelson? 24 MR. NELSON: I'd like te ask a few quick 25 questions ef A1 White, the decedent's brother. 33 1 THE COURT: We're done with Cennie? 2 MR. NELSON: Yes, I am. 3 THE COURT: Do you have a witness out there? 4 5~R. NELSON: Hr. White, A1 White. 5 THE COURT: Swear him. 6 MR. NELSON: A1 White, yeu're geing to be 7 sworn in. 9 AJ~ WI~ITE, 10 having been duly sworn, testified as follows: 11 DIRECT EXAMINATION 12 BY MR. NELSON: 13 Q Mr. White, I just have one questien fer you. 1.4 Could you please describe the cemetery that the Petitieners 15 are characterizing as the family plot or family cemetery ant 16 compare that to the cemetery in Texas, in Sherman, Texas? 17 A The cemetery -- Sandy Cemetery is the 18 cemetery that was donated to the co~nunity -- the black 19 community when Latex Neme was build back in the '30s. And 20 it's a cemetery fer the community. And, now, yeu said 21 cempare it. It's out in the woods. And it's not -- not 22 kept any kind of way, and it's trees and everything else 23 grows up in it. 24 But that is where my mem and dad is buried, 25 and that's where the family of all of the black people in 34 1 the community is buried. It's a community cemetery. It's 2 net a family plot the -- en the other hand, the cemetery or 3 whatever you call it for Connie -- 4 THE COURT: Hold it. Hold it a second. 5 MR. NELSON: One second. 6 THE COURT: I don't see anything in the act 7 where you compare cemeteries, Mr. Nelson. It's all about 8 whose wishes do i honor, about what they want to do without 9 regard to what exactly it is they want to do. 10 MR. NELSON: Well, I think this goes to the 11 reasonableness of the idea that the decedent would want to 12 be buried in the cemetery that's being proposed by the 13 Petitioners. 14 THE COURT: What's that have to do with it, 15 contrary intent? 16 MR. NELSON: What I'm trying to do, Your 17 Honor -- 18 THE COURT: I understand what you're trying 19 to de. I'm looking at the act. What do you say in this 20 falls under control intent? 21 MR. NELSON: I think that's what's being 22 proposed here is that -- his intention. 23 THE COURT: I have to read his mind on that. 24 I don't know how far I can get on that. What else do you 25 have for me? 35 1 MR. NELSON: That's all I have for Hr. White, 2 Your Honor. 3 THE COURT: Okay. And this Hr. White was 4 wha~ relation? 5 BY MR. NELSON: 6 Q Mr. White, could you describe your relation 7 to the decedent, again? 8 A I am the brother. Three boys in the family. 9 I am the youngest boy in the family, his brother. 10 THE COURT: Of Carl? 11 THE WITNESS: Yes. 12 THE COURT: All right. Thank you, sir. 13 Hr. Del Duca might have some questions for you. 14 MS. DEL DUCA: No. I have no questions. 15 THE COURT: No questions of A1 White. Do you 16 have someone else, counselor? 17 MR. NELSON: Just one more person I'd like tc 18 -- I'd like to have Attorney Haggard describe the 19 disposition of the complaints that have been emphasized by 20 the Petitioners. 21 THE COURT: Have him describe what? 22 MR. NELSON: I'd like to have him describe 23 what the dispositions of these complaints that were filed 24 with the Oklahoma Attorney General's office, complaints that 25 are alleging neglect and abuse against Connie White. 36 1 MS. DEL DUCA: I don't believe we need that. 2 MR. NELSON: Well, I think if -- the 3 disposition of those complaints is relevant to how seriousl~ 4 they were taken by the authorities. 5 MS. DEL DUCA: Well, I -- 6 THE COURT: Have you offered something, 7 Mrs. Del Duca? 8 MS. DEL DUCA: I offered -- 9 THE COURT: I didn't have any exhibits 10 marked. i! MS. DEL DUCA: Your Honor, I had one exhibit 12 that was a letter that Carla Pratt wrote to the District 13 Attorney with affidavits talking about the neglect and abuse 14 of her father. 15 THE COURT: And these affidavits are to be 16 used by me somehow? 17 MS. DEL DUCA: I was just making an exhibit 18 te show what the neglect was that he was left alone for 19 hours. 20 THE COURT: You want me to accept %he 21 exhibits for the truth of what's in them is that what you're 22 saying? 23 MS. DEL DUCA: Yes, Your Honor. 24 THE COURT: And these exhibits somehow made 25 their way to an agency in Oklahoma? 37 1 MR. NELSON: I believe that's the case. I 2 think these were sent te the District Attorney and I 3 think -- 4 THE COURT: Is that right? 5 MS. DEL DUCA: Yes, Your Honor. 6 THE COURT: And the D.A. -- you want to tell 7 me the D.A. didn't do anything. 8 MR. NELSON: Basically, yes. 9 THE COURT: Well if I'm going to receive what 10 you're going to tell me, Miss Del Duca, it's only fair to 11 hear what he's going to tell me about the ultimate 12 disposition. 13 MS. DEL DUCA: The decedent died, so I would 14 imagine that was the end of it at that time, Your Honor. 15 THE COURT: What's your offer here, 16 Counselor? 17 MR. NELSON: I think the -- I think Attorney 18 Haggard will -- and I don't want te put words in his mouth. 19 But if i'm net mistaken, he's going to testify this -- these 20 complain%s were dismissed as being without substance. 21 THE COURT: Dismissed by whom? 22 MR. NELSON: By the District Attorney's 23 office. They didn't take them seriously. 24 THE COURT: Is there some action there 25 somehow? I mean, you're beth getting me in never, neverland 38 ' of hearsay evidence that there's ne way to check here. 2 ~. NELSON: I don't think it's hearsay for 3 an attorney who's familiar with the case in Oklahoma to 4 describe the official action that's been taken. 5 MS. DEL DUCA: Your Honor -- 6 MR. ~I~LSON: If I may just add eno point. Sc 7 much emphasis is being placed upon Miss White's alleged 8 neglect -- 9 THE COOl, T: I heard testimony here in court. 10 Whether I -- whether I review her exhibits and affidavits er 11 not is quite another matter. I Nave not guaranteed to do 12 that. 13 MS. DEL DUCA: Your Honor, I'm going to 14 withdraw the exhibit. 15 THE COURT: Well, that's the end of that. 16 MR. NELSON: In that case, no questions. 17 THE COURT: What else do you have? 18 MR. NELSON: That's all I have, Your Honor. 19 THE COURT: You put on all the witnesses you 20 want to put on? 21 MR. ~L$ON: Yes, I have. 22 THE COURT: We heard your offers on the 23 witnesses. Mrs. Del Duca, perhaps you want to call one or 24 more ef them at this point. 25 MS. DEL DUCA: All right. Hrs. White. 39 1 BEVEP. LY PENN-WI{ITE, 2 having been duly sworn, testified as follows: 3 DIRECT EXAMINATION 4 BY MS. DEL DUCA: 5 Q Would you state your name, please? 6 A Beverly Penn-White. 7 Q And what is yeur relatienship to the 8 decedent? 9 A Sister. I'm his youngest sister. i0 Q And what was -- and what is your address? 11 A My home address is 417 West Munson Street, 12 Denison, Texas. 13 Q New, how far was that from your brother's 14 home? 15 A Approximately 7 to 10 miles. 16 Q And hew frequently did you see him? 17 A Often. 18 Q And when -- when did you see him, the last 19 time you saw him in Oklahoma? 20 A September the 5th. 21 Q And was that -- that was before he left for 22 Pennsylvania? 23 A Yes, it was before he left. 24 Q And how often did you see him in June, July, 25 and August? 4O 1 A I saw him en -- oh, more er less a weekly or 2 every two week basis. 3 Q And what happened on some of these visits? 4 Wha~ did you see? S A I can't give the dates. But ©ne particular 6 time I came over with -- I had a cantaloupe and a watermelon 7 and juicies like usually always would carry just different 8 things that I knew that he liked. And I had not rang the 9 doorbell, and I get ne answer. !0 And I immediately went to the window near 11 where his bed was and knecked on the window. And Ne said, 12 Come on in. So I knew that he was there, and I t©ek the 13 cantaloupe and watermelen on inside. And then I went to hi: 14 bed and asked him if he wanted -- which one would he want. 15 And he said, Give me seme of the cantaloupe. 16 And so I immediately went back t© the kitche] 17 and cut the cantaleupe. And he was alone, and I took it to 18 tNe bed. And the way he gebbled it up, it was shameful and 19 -- and I took -- I told him I would go and get him mere. 20 And he said, You go get that while I eat the rest ef this. 21 And before I could get back, it was all gene; and he was 22 just eating like a young hungry animal. 23 Q And were tN©re other occasions wNen you 24 breught food and he appeared to be Nungry? 25 A Always. 41 1 Q And this would be once a week, ence every twc 2 weeks? 3 A Usually whenever you went over there he was 4 hungry. 5 Q And was Ne usually alone or net? 6 A Usually alene. And even when she was there, 7 he would still ask for food. 8 Q New, were you in the car when Carla took yeur 9 brother to the hospital in Houston? 10 A No. ii Q Were yeu with him on some occasion in the ca~ 12 when yeu were transperting him te seme medical facility? 13 A Yes. His very first trip te Houston -- I 14 tNink it was his first trip -- I drove he and his wife 15 Connie te Heusten. And ef course, he felt really well at i6 that -- that particular day. And he started out driving, 17 but he couldn't last long. 18 And then I drove the rest ©f the way into 19 Houston. And the verbal abuse that I heard; and, ef ceurse, 20 he was much better. And he fended for himself. Now, he was 21 no choir boy. He weuld talk back. But seme of the things 22 that was said was just awful. 23 THE CO~T: Well, why den't yeu tell us, 24 ma'am. We're all big kids here. 25 THE WIT~I~$S: I really don't even want te sa 42 1 the words, but I can tell you some of the things that were 2 said. 3 THE COURT: Go ahead, ma'am. 4 THE WITNESS: Using my mother fucking car to 5 drive your ass to Houston and you could have got the same 6 damn care in Sherman. Now, these were some of the things 7 that were said to a sick man; and, I mean, this is Nard for 8 me to even sa} all of that because it was rude. I don't 9 talk like that. i0 And it went on and on. And I pulled ever at 11 a park and stopped, and I told them both that if it wasn't 12 stepped I was not going te drive any farther. And then 13 after we got to Houston, it continued. And he said, Now you 14 see she complains down here while you push me through this 15 hospital corridor. 16 And he was in the wheelchair, and I would 17 Nave to push him. And I didn't mind pushing him at all 18 because I was -- I'm used to doing things like that. And I 19 didn't mind pushing him at all, but she never pushed him. 20 And then when we entered into the doctor's office, she 21 turned te the doctor and asked for privacy. 22 Se the doctor asked me to step out, and Ne 23 had asked me to stay because he was not educated and he did 24 not understand a lot that the doctors would be saying and he 25 wanted me to hear whatever the doctor was saying. 43 1 Q Approximately when was this? Was this in 2 2004 or 2003? 3 A It was in 2003, I know. It was before 2004. 4 Q Were there other occasions when there was an ,~ exchange like this where his wife was using abusive 6 language? 7 A Yes. I -- eno day I took food over there; 8 and there was - actually, the language was not the part 9 that bothered me. I took food over there in a container, 10 and she was cleaning a watermelon. And some ef the seeds 11 were falling en the floor, and she reached and get her dish 12 towel. 13 And she did tell me that her daughter had 14 brought turkey and dressing, and that's exactly what I had iS carried. And she reached and got her dish towel and swept 16 the watermelon seed up off the floor and dumped them into 17 the food that I had carried. 18 Q Is there anything that happened in Hay of 19 2004? 20 A It was se much. 21 Q He was leaving a rehab facility. Do you 22 recall that? 23 A Oh, yes. I went. I was there. I would tak~ 24 my son -- my grandson to school in mornings. I would come 25 back by the rehab center, and I asked the nurse there if sh~ 44 ! weuld go out and evaluate the heuse because he didn't have 2 room te move the wheelchair or the walker around his bed. 3 The edge of his bed was about two feet from a wall ef 4 mirrors that were -- that was all closet. And there were 5 these mirrors. 6 And if he had fallen into those mirrers, he ? would have -- he would have, you know, broke them and bled. 8 And with -- when he did fall, he fell at the foot of the bed 9 going toward the bathroom. 10 And we had asked her to shift the bed over I1 where there was more reem on the left side se that he ceuld 12 have more room over here by the mirrers. And I asked the 13 nurse to check and see if that was a safe envirenment for 14 him te go inte because he was having therapy there at the 15 hospital. 16 THE COURT: Yeu're getting a little off 17 there, Mrs. Del Duca. 18 BY MS. DEL DUCA: 19 Q That was in May of 2004? 20 A Yes. 21 Q Okay. Did the abuse seem te be -- or neglect 22 seem to increase as your brether became more ill or not? 23 A Yes. 24 Q And why would you say that? 25 A Because that gave -- I felt like -- her more 45 1 power. She could overpower him at that point or she could 2 do things that she wasn't allowed to do when he was well and 3 could fend for himself. 4 Q And were you present when he left Oklahoma 5 with Carla? 6 A Yes. 7 Q On September 5th? 8 A Yes. 9 Q And did you speak to him before he left? 10 A I did. 11 Q And did he -- is there any indication he wen 12 against his will? 13 A No. He definitely didn't go against his 14 will. He knew exactly what he was doing, and he wanted to 15 do it. The only thing he was afraid of is that she was 16 going to catch him before he got away. Now that was the 17 indication. 18 I asked him if he wanted -- it was a pretty 19 day. Z said, Sonny, do you want to go outside in the 20 sunshine? I called him Sonny. I said, Do you want te go 21 out in the sunshine? It's se pretty. And he said, Yeah. 22 Let's ge outside in the sunshine, but let's don't miss that 23 plane. New, I mean, he was well aware ef what was going eh. 24 MS. DEL DUCA: Thank you. Z have nothing 25 further. 46 i THE COURT: Hr. Nelson. 3 CROSS EXAMINATION 4 BY MR. NELSON: 5 Q Yes. Mrs. White, how much time did you spend 6 at your brother's house? Were you there every day? 7 A No, I was not there every day. 8 Q How many - how many hours a week would you 9 say you spent there? 10 A Hours a week? I would say maybe four becaus~ 1i if I went twice or I went once I would stay an extended tim( 12 when I did go. 13 Q Se about four hours a week? 14 A Yes. 1~ Q So would it be fair to say that if you only 16 spent four hours a week there, that you weren't in a 17 position te see all the meals that were prepared for - 18 A That's true. That's true. 19 Q Or you didn't see perhaps how he was treated 20 all the time that, you know, maybe -- let me put it this 21 way. Is it at all possible that your -- the way that -- thc 22 activities that you say you observed didn't occur all the 23 time? 24 A I'm sure it didn't, but I don't see how he 25 could have eaten an hour before I get there and be starving 47 1 when I arrive. 2 MR. NELSON: I have nothing further, Your 3 Honor. 4 THE COURT: Please step down, ma'am. 5 Anything else Hrs. Del Duca? 6 MS. DEL DUCA: No, Your Honor. 7 THE COURT: You rest? 8 MS. DEL DUCA: Yes. 9 THE COURT: How about you, Mr. Nelson? i0 MR. NELSON: We rest as well. 11 THE COURT: For the benefit of Oklahoma, 12 we're closing the record in the case. And I~m going to i3 entertain oral arguments from counsel at this point, and I 14 don't know how long that's going to take. But we're going 15 to be hanging up with your office in Oklahoma, Jack. 16 MR. HAGG/~Dd3: I appreciate that, Judge. !7 Thank you for your courtesy together. 18 THE COURT: And your lawyer will be in touch 19 with you by ~elephone. 20 MR. HAGGARD: Thank you, sir. 21 THE COURT: Geed-bye. 22 MR. HAGGARD: Bye. 23 THE COURT: So we're off the record. 24 ......... 25 (Arguments were held off the record.) 48 2 THE COURT: Do you have a proposed order, 3 Miss Del Duca? 4 MS. DEL DUCA: No, I do not, Your Honor. 5 THE COURT: What are you saying to me? 6 MS. DEL DUCA: Why don't I take a few minutes 7 and prepare one and give -- 8 THE COURT: And whatever she prepares, your 9 idea would be the reverse of that order? 10 MR. NELSON: I'd have to see the order. 11 THE COURT: Well, obviously, negative of her 12 positive. 13 MR. NELSON: I can't say that I would. 14 THE COURT: Okay. Put it together and let me 15 see what you do say. ]6 MS. DEL DUCA: Okay. 17 ........ 18 (A recess was taken.) 19 ......... 20 THE COURT: Record should reflect that I've 21 heard all the arguments of the parties, and I will be 22 finding that there was an enduring estrangement between Carl 23 White and his current speuse. And I de find also that ther~ 24 is contrary intent to what the Defendant or Respondent has 25 offered in her petition by way of a purported sales 49 i agreement of property -- burial property ether than what hac 2 been testified to. I direct Petitioners' counsel to prepare 3 me a proper order to be presented to me tomorrow morning for 4 the granting of enforcement ef her petition regarding the ~ burial. Es there anything else? 6 MS. DEL DUCA: I don't believe so, Your 7 Honor. 8 THE COURT: Hr. Nelson? 9 MR. NELSON: No, Your Honor. 10 THE COURT: You can tell your clients, you !1 know, what I'm going te do and what I will be entering 12 tomorrow morning. Ail right. Court is in recess. 13 ........ 14 (The proceedings concluded.} 16 17 18 19 20 21 22 23 24 25 5O CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the no~es taken by me on the abeve cause and that this is a cerrect transcript ef same. Off,cial Ceurt Reporter The foregoing record of the preceedings on the hearing ef the within matter is hereby approved and directed ~o be filed. 51